Answers 2025/2026
The Role of the Law - ANSWERSAdminister Justice, enforce rights, is a tool of behavior change, is
educative. recognizes and enforces our rights against the power of the state and against each
other
Natural Law - ANSWERSis part of the role of the law. It is the idea that principles of morals and
rights are inherent in nature and not human
Good Samaritan Laws - ANSWERSProhibit passing by an accident scene or witnessing a crime
without rendering assistance; can also refer to laws that provide protection from civil suits for
individuals who stop and render aid.
Social Contract - ANSWERSit is the primary justification for Law. Under this theory, law is a
contact; each individual gives up some liberties and, in return is protected from others who
have their liberties restricted as well.
Major justification for corrective (criminal) law - ANSWERSPrevention of harm
Legal Paternalism - ANSWERSRefers to the laws that protect individuals from hurting
themselves. Laws in which the state tries to protect people from their own behavior. Ex. Seat
belt.
Most often cited justifications for laws - ANSWERSPreventing harm to others, preventing
offensive behavior, preventing harm to self, and protecting societal morals.
, Wedding-cake illustration - ANSWERSThe model of justice in which the largest portion of
criminal cases form the bottom layers of the cake and the few "Serious" cases form the top
layer; the bottom- layer cases get minimal process.
ABA v. state bar associations - ANSWERSThe ABA promulgate the ethical codes, but the state bar
associations must adopt them or adapt them to have any effect. It is the state bar association
that have the power to discipline attorneys, the most serious punishment being disbarment.
9- Private attorneys v. PDs( Public defenders) v. court appointed privates: - ANSWERSBest to
worse
Private attorneys, PDs, court appointed privates
Specialty courts - ANSWERSThe most common is the drug court-designed to rehabilitate the
offender. Client is the #1 and judges are more involved in the case. The court goal is to do what
is best for the client.
Shadow jury - ANSWERSA panel of people selected by the defense attorney to represent the
actual jury; sits through the trial and provided feedback to the attorney on the evidence
presented during trial. This allows the attorney to adjust his/her trial tactics in response.
Rule of confidentiality - ANSWERSDefense attorney can't reveal any information about their
client unless there is physical evidence, client consent, required by law or court, to prevent
reasonably certain death or substantial bodily harm.
Physical evidence, re: confidentiality - ANSWERSis not part of the rule of confidentiality- If you
tell where is the gun confidentiality applies, if you have the gun it does not.
Defense attorney and perjury - ANSWERSDefense counsel should not knowingly offer false
evidence. Never reveal anything to the jury: withdraw, narrative, not know